Man charged with felony child abuse receives diversion

Michael M. Powls, 23, was booked into the Shawnee County Jail in connection with abuse of a child and aggravated reckless endangerment of a child less than 18 years of age.

A man accused of physically abusing his 5-week-old daughter in Topeka agreed to a diversion with prosecutors Tuesday.

The resolution of the case without jail time has angered the baby’s mother, who is petitioning the Legislature to stiffen the punishment for child abusers.

Michael M. Powls, 23, who lived in Topeka at the time, on March 26, 2013, was arrested and booked into the Shawnee County Jail for abuse of a child and aggravated reckless endangerment of a child younger than 18 years of age. His bond was set at $50,000.

The Shawnee County District Attorney’s Office originally charged Powls with felony abuse of a child. Powls waived a preliminary hearing and entered a plea of not guilty. In September, the district attorney’s office filed an amended complaint charging Powls with abuse of a child and aggravated battery, both felonies.

Lee McGowan, chief of staff for the district attorney’s office, confirmed Wednesday a diversion had been offered and accepted in the Powls case. While McGowan didn’t share the specifics of the diversion, he said when a person accepts a diversion he or she “stipulates to the elements of the crime.”

Amanda Moran, of Topeka, and Powls were married and living in Topeka when the incident occurred. The two have since divorced.

Moran said she went to the grocery store March 25 and left the couple’s daughter with Powls. Moran received a phone call from her husband, who said their 5-week-old baby girl had a “bruise on her noggin.” Moran said she hurried home and sent a photograph of the child to her mother, who urged her to take the baby to the emergency room.

A defendant’s motion to suppress Powls’ statement to police said Powls told a detective he had shaken the baby only after the detective “took advantage of Mr. Powls’ youth, inexperience, psychological state and his love for his daughter.”

The detective “was intent on getting Mr. Powls to tell him what he wanted to hear and knew that the way to do it was to force Mr. Powls to choose between his Fifth Amendment rights or his daughter’s life.”

While the couple’s daughter is “doing good,” Moran said doctors have told her the child could have learning disabilities in the future.

“I’m upset because it’s not fair,” she said. “The penalties should be stiffer.”

The district attorney’s office said child abuse cases — especially shaken-baby syndrome — often are difficult to prosecute for a number of reasons, including the age of the child and the severity of the abuse.

Medical experts have different opinions on shaken-baby syndrome, said deputy district attorney Jacqie Spradling, making those cases difficult to prosecute. A child’s age also can prevent them from testifying during a trial.

“You can show pictures of the child, but the jury wants to see and hear from them, too,” Spradling said.

District Attorney Chad Taylor said the cases can be “some of the most challenging cases we have.”

“There are so many family dynamics at play,” he said.

While the cases are challenging, offering diversions in child abuse cases isn’t something his office does on a regular basis, Taylor said.

The district attorney’s decision to offer Powls diversion inspired Moran to bring more attention to child abuse, she said. Moran started an online petition at www.change.org. By 6:30 p.m. Wednesday, the petition had more than 8,000 supporters.